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Section I: General Provisions

The essence-cosmetics websites are the online representation of the company cosnova GmbH and of its brands (hereinafter referred to as “cosnova”), and provide information and data as well as using hyperlinks (Internet links) to make information on other websites available. The information and data in question are intended solely for information purposes. No assurance or guarantee can be given as to the accuracy or completeness of the information or as to whether the information is up to date.

§ 1 Scope of validity

cosnova is responsible solely for information which the company produces, publishes and disseminates itself. The terms and conditions of use are applicable to the content of the websites www.essence.eu, www.essence-cosmetics.com, any site under the essence-beautyfriends.eu domain and any other sub-domains pertaining to these domains as well as the respective websites of essence.eu, essence-cosmetics.com, other Internet presences of cosnova and its other brands and online services offered by any essence-cosmetics websites (hereinafter collectively referred to as “essence-cosmetics websites”).

§ 2 Liability

cosnova shall not be held liable either for the content and software disseminated on the essence-cosmetics websites, or for damages arising from such content or software, unless such damages have occurred as a result of deliberate acts or gross negligence on the part of cosnova, its employees or subcontractors. This applies to damages of all kinds, in particular damages which can arise as a result of faults, delays or interruptions in transmission, as a result of malfunctions of the technical equipment and of the service, inaccurate content, loss or deletion of data or viruses, or damages sustained in some other way when using the online services provided. cosnova assumes no responsibility for the content, accuracy, legality and functional capability of internet web pages belonging to third parties to which users are directed via links from the essence-cosmetics websites. Pages are requested via links at user’s own risk.

§ 3 Copyright

The content made available via any essence-cosmetics website is protected by copyright. Its use is subject to the copyright laws currently in force. This website cannot be amended, copied, published elsewhere, transmitted, disseminated or stored without the consent of cosnova. The material available through the essence-cosmetics websites can only be used for private, non-commercial purposes, subject to strict observance of the copyright laws. Where applicable, a simple, non-exclusive and non-transferable license is issued specially for the software, directories, files and their contents which are made available for download by cosnova. This license is restricted to a single download and storage operation. cosnova retains all other, more extensive rights. In particular, their sale and use for commercial purposes of any kind is prohibited. cosnova assumes no liability for impaired quality of access as a result of force majeure or as a result of events for which cosnova cannot be held responsible, in particular failure of communications networks and gateways. cosnova gives no guarantee that the essence-cosmetics websites will function without interruption or malfunction, or that any faults will be rectified. Similarly, no guarantee is given in respect of the accuracy of the content of essence-cosmetics websites.

§ 4 Data protection

cosnova is under obligation to respect the legal provisions with regard to data protection and to respect the secrecy of telecommunications. In particular, we would refer you in this connection to section II “Privacy / data protection: information on the collection, processing and use of your personal data”.

§ 5 Amendments to these terms and conditions of use

cosnova reserves the right to amend these terms and conditions of use at any time. No explicit reference will be made to amendments of the terms and conditions of use. Users must review the terms and conditions of use independently at intervals to identify any amendments.

§ 6 Final provision

These terms and conditions of use and all legal relationships between users and essence-cosmetics websites are governed exclusively by German law. In the event that individual provisions of the terms and conditions of use should be or become invalid, then the validity of the remaining provisions of the terms and conditions of use shall remain unaffected.

The confidence of users of our websites in the proper handling of our users’ data is essential to the success of our online service. cosnova therefore treats data protection with great importance. The collection, processing (this includes the storage, amendment, transmission, blocking and deletion) and use of user data takes place exclusively in accordance with the data protection regulations in force. cosnova subsequently gives a brief explanation of the principles according to which it collects, processes and uses users’ data.

§ 1 Personal data

Personal data are inventory data, such as for example the name and address of an individual, and user data, such as domain name and IP address. Such data become available when users take part in a survey or a competition, or subscribe to a newsletter or service (e.g. beauty-friends) (see § 2 below).

§ 2 Collection, processing and use of personal data

As a general rule, no personal data is collected, processed and/or used solely as a result of users visiting the essence-cosmetics websites. If a user’s name, e-mail address or other personal data is collected, processed or used in relation to special services (e.g. in the context of a user’s participation in a survey or an online competition or as a result of a user’s subscription to a newsletter), then cosnova shall explicitly draw your attention to this at the appropriate point and ask user to consent to an appropriate data protection declaration. In case personal data is collected, processed and used, cosnova will comply with the data protection regulations. In particular, the data will be treated as confidential. No personal data will be passed on to third parties unless user has given an express permission, or unless cosnova is under a legal obligation to divulge these data, for example as a result of a judicial decree or official order. cosnova will use users’ personal data for marketing purposes only provided user has expressly consented to this. Below users will find several examples illustrating situations in which cosnova may collect, process and use users’ personal data:

Competitions & Raffles: if user decides to participate in competitions or raffles organized by cosnova, cosnova might ask user to state (1) name and (2) date of birth, (3) e-mail address, (4) telephone number and/or (5) postal address, so that cosnova can notify user in case he/she wins and in order to ensure that every participant only enters the competition once. Attempts to manipulate competitions by multiple entries or multiple votes may result in exclusion from the competition or blocking of the IP access to the essence-cosmetics websites. cosnova usually does NOT use the personal data from competitions or raffles for marketing purposes, except with explicit consent of user to be found on the respective offering.

Newsletter: if user has registered for the distribution list of cosnova’s newsletter, cosnova would ask user to state the e-mail address under which he/she will then receive the newsletter which he/she has requested on a regular basis. Respective details can be found under cosnova’s “Special terms and conditions of use for the newsletter” for details regarding use of the newsletter, including the option to terminate the subscription and to delete personal data. Special services: should user make use of any of the other special services requiring registration, cosnova shall collect, process and use the respective data which is needed to make these services available to user.

§ 3 User data

When visiting any essence-cosmetics online service, cosnova may save for a period of four (4) working days the domain name or the IP address of the requesting computer, the client file request (filename and URL), the http response code, the Internet page from which user is visiting the respective essence-cosmetics online service, as well as the date and the duration of user’s visit. These data are stored in order to detect malfunctions or misuse of cosnova’s online services and its telecommunications services/equipment, where the information is necessary to establish additional links and/or for accounting purposes. User data will not be evaluated for the purpose of generating personal usage profiles. In the event of malfunctions or misuse, cosnova reserves the right to notify the public prosecution authorities. User data will not be used for any purpose other than that specified, nor will it be passed on to third parties, unless pointed out specifically (such as in order to carry out an online competition).

§ 4 Special provisions for external third party internet services and tools

4.1 Use of cookies

What are cookies?A cookie is a small text file which is sent from a web server when a visit is made to an Internet page and which is temporarily saved on the hard disk of the respective user. If the server in question is visited again, user’s browser sends the cookie previously received back to the server. This procedure allows the server to evaluate the information it has received in different ways. For example, cookies make it possible to control advertising pop-ups and can make it easier to navigate Internet pages. How does cosnova use cookies? When a user first visits one of cosnova’s essence-cosmetics websites, a cookie is sent to user’s browser, and is then saved on user’s hard disk. On subsequent visits, this cookie is used exclusively for the purpose of determining whether or not this user has already visited this page of our online service. If not used for specific functions described below, the cookie serves to generate accumulated statistics relating to visits of the essence-cosmetics websites without building personal profiles.

If users activate the auto log-in option, users are also sending a cookie from the appropriate page of our online service. Users’ registration data are stored in this cookie in order to recognize him/her on subsequent visits, so that users do not have to log in again. Users may de-activate the auto log-in option at any time after it has been activated. If users do not wish to benefit from the advantages of cookies, cosnova’s online service can of course be used without cookies. In general, every web browser can be set to block cookies. In this case, however, cosnova would point out that the blocking of function-related cookies may make it more difficult to use the essence-cosmetics websites, in so far as certain functions are only available if the use of function-related cookies is permitted.

4.2 Google Analytics

Some of the essence-cosmetics websites may are using Google Analytics, a web-analysis service provided by Google Inc. (“Google”). Google Analytics is using Cookies and might save the user’s IP-address in case plugins are started. The data generated by cookies about the user’s way of using the essence-cosmetics websites (including the IP-address) will be transferred to a Google server in the USA and stored there. Google will be using this information in order to compile data for Google about user’s internet usage and for generating reports about user’s activity on the essence-cosmetics websites and in order to render or optimize further services. Where required by law, Google will also make available this data to third parties or in case third parties are processing this data by order of Google. Google will also establish connections between user’s IP-address and other Google services. By accessing essence-cosmetics websites user agrees with the processing of the data that will be compiled about user in the described way and for the mentioned purposes. User may object at any time against the compilation and usage of data by Google. With regard to the registration of IP-addresses by Google Analytics cosnova informs that it is using this Google service with the “anonymizeIp()” extension. Based on this IP-addresses will be processed only in a shortened way in order to prevent the establishing of a direct link with a person.

4.3 Google Maps

Some of the essence-cosmetics websites are using Google Maps, a service which integrates geo-information such as Maps and satellite images from Google Inc. ("Google") on the essence-cosmetics websites. Google Maps is using cookies and may also be using so called WebBeacons (invisible images that consist of only one pixel). Both technologies permit the evaluation of user’s behavior by Google. Subsequently, information about user’s usage, including the IP address, and, if applicable, type of browser and user’s and internet service provider’s operating system will be collected, processed and used by Google. This information can be combined with other data from other Google services. Google also transmits this data to its authorized partners. By using the essence-cosmetics websites user consents to the collection, processing and use of user’s data by Google in the manner described above and for the aforementioned purpose.

4.4 Google JavaScript-Libraries

Some of the essence-cosmetics websites are using JavaScript libraries from Google. The Java script libraries are software libraries that allow us to embellish and / or to automate certain features of the essence-cosmetics website. When calling up the Google Libraries through user’s browser, information about user’s usage, including the IP address, and, if applicable, type of browser and user’s and internet service provider’s operating system will be collected, processed and used by Google. This information is combined with other data from other Google services and enables the evaluation of user’s usage behavior by Google. Google also transmits this data to its authorized partners. By using the essence-cosmetics website user consents to the collection, processing and use of user’s data by Google in the manner described above and for the aforementioned purpose.

4.5 Special provisions for users of Facebook

The websites of cosnova are using Social Plugins ("Plugins") and tracking and monitoring tools of the social network facebook.com, which is provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). If user accesses any essence-cosmetics websites which incorporate such plugin or tool, user’s browser establishes a link to the servers of Facebook. By this, Facebook receives the information that user has visited cosnova’s webpage. For tracking purposes Facebook installs a cookie on user’s device. If user is logged into Facebook at that time, Facebook can add information on the visit of the cosnova website to users Facebook profile. If a user interacts with a Facebook plugin, e.g. clicking a „like“-Button, the respective information will be directly transmitted to and stored by Facebook. Details on the collection, processing and usage of personal related data can be found at Facebook’s privacy policy available at http://www.facebook.com/policy.php. If a user does not want to be tracked by Facebook, user has to log off from Facebook before visiting the cosnova webpage and to deactivate third party cookies in the browser setting.

4.6 Twitter plugins

Some of the essence-cosmetics webpages use plugins and services of Twitter Inc., 795 Folsom St., Suite 600 , San Francisco, CA 94107 , USA, and are connected by using a "Twitter" or "Follow " button or link or an image with a blue bird . This makes it possible to share a post or page to Twitter or follow a theme or account on Twitter. If you visit a page of this website which contains such a button, your browser establishes a connection with the servers of Twitter in order to transmit the content of the button to your browser. cosnova has no influence on the amount of data that Twitter may be compiling and generating by using these services and does herewith inform user only to our best knowledge. Thereafter only your IP-address and the URL of each site are provided in respect of the button. cosnova cannot make any statement about whether Twitter might use this information for other purposes. For more information, please see the privacy statement of Twitter at http://twitter.com/privacy.

§ 5 Data correction and revocation

Should a user have any reason to suspect that the personal data which cosnova has stored regarding user is inaccurate or if a user wishes his/her personal data to be removed, he/she may contact cosnova’s data protection officer at: datenschutz@remove-this.cosnova.com.

§ 6 No liability for the Internet pages of our partners

On the essence-cosmetics websites, cosnova provides links to various partners with whom cosnova collaborates and who also make Internet sites and Internet services available. In relation to cosnova, these partners are third parties and have their own data protection declarations. cosnova assumes no liability for any processing of data of non-affiliated companies or third parties, especially facebook or other social media networks. cosnova would ask you to obtain information from the sites regarding the partners’ respective data protection practices.

§ 7 Data protection

cosnova believes it has a duty to ensure the privacy of users’ data. In order to prevent unauthorized access or unauthorized disclosure, to guarantee the accuracy of the data and to ensure proper use of the data, cosnova has implemented appropriate technical and organizational measures in order to secure and protect the data which cosnova is requesting online. However, cosnova cannot be held responsible or liable for the disclosure of user data as a result of faults during data transmission and/or unauthorized access by third parties. cosnova also advises user, that all data which is transmitted over the internet without encryption is potentially insecure.

§ 8 Information/suggestions

§ 9 Amendments to the data protection declaration

cosnova reserves the right to amend this data protection declaration at any time and without a written notice, in accordance with the data protection regulations then in force. Otherwise, the above General terms and special terms and conditions of use shall apply.

Special terms and conditions of use for the newsletter

cosnova may offer users of the essence-cosmetics websites the option to subscribe to a newsletter. By this means, cosnova gives them the opportunity to receive information via e-mail. This service is governed by the “General terms and conditions of use for the essence-cosmetics websites” of cosnova in the version currently in force, in addition to the following “Special terms and conditions of use for the newsletter”:

§ 1 Registration

It is a condition of subscription to the newsletter that the subscriber is willing to be registered. In order to do this, cosnova requires the subscriber to supply an e-mail address. The subscriber is at liberty to supply additional personal details. The subscriber has no entitlement to registration. cosnova reserves the right to refuse registration, without giving reasons.

§ 2 Procedures

The subscription to the newsletter has to be activated by clicking a link in an activation email which will be sent after user has completed the newsletter registration form. This activation email is necessary to ensure, that user is the owner of the email-address provided. The activation email will not contain any advertising. cosnova will send to the subscriber on a regular basis a newsletter by e-mail, usually monthly. The subscriber has no entitlement to this service. cosnova reserves the right to stop sending the newsletter, temporarily or permanently, without prior notice. This applies particularly in cases where proper performance of the newsletter service cannot be guaranteed, either for technical reasons (e.g. viruses in the computer system, manipulation or hardware and/or software faults) or for legal reasons.

§ 3 Notice of termination

Users may terminate the subscription to the newsletter at any time by clicking the respective link of termination of subscription which can be found at the bottom of every newsletter email. Notice of termination of the subscription to the newsletter can be served as well by contacting cosnova via its postal address: cosnova GmbH, Am Limespark 2, D-65843 Sulzbach. On receipt of the notice of termination, cosnova will delete the subscriber’s personal data which it has stored (in this connection see also § 5 below of these “Special terms and conditions of use for the newsletter”, as well as cosnova’s privacy policy under section “General remarks on data protection: information on the collection, processing and use of your personal data”), and will cease sending the newsletter without such delay as might constitute negligence.

§ 4 Liability

cosnova shall not be held liable for damages arising as a result of faults, delays or interruptions to transmission, malfunction of the technical equipment and the newsletter service, inaccurate content, loss or deletion of data, viruses or damages incurred in any other manner when subscribing to the newsletter, unless such damages have been caused deliberately or as a result of negligence by cosnova, its employees or subcontractors.

§ 5 Data protection

cosnova is under obligation to comply with the legal provisions with respect to data protection and to respect the secrecy of telecommunications. In particular, we refer in this connection to cosnova’s privacy policy under section “General remarks on data protection: information on the collection, processing and use of your personal data”. By registering to the newsletter service, the subscriber explicitly gives his consent to the collection, processing and usage of the personal data transmitted to cosnova. The subscriber is entitled at any time to revoke its consent and to request deletion of his data by sending a notice of termination of the subscription without having more costs than usual base-tariffs.

§ 6 Final provisions

cosnova reserves the right to amend these “Special terms and conditions of use for the newsletter” at any time, without prior notice. The subscriber is deemed to have given his consent to the amendment, provided he has not objected to them via e-mail within a period of 14 days.

essence “beauty friends community” – the rules

essence provides and maintains an exchange platform under the term “beauty friends community” (hereinafter referred to as “beauty friends community”).

since everyone should feel comfortable in the beauty friends community, it is very important that users of the beauty friends community abide by certain rules. these rules apply to all areas of the beauty friends community.

all users of the beauty friends community are asked to please read through these rules very carefully. they form the basis for all of user’s activities and are binding for everyone. if any user does not consent to these rules, then unfortunately he cannot be part of the community. users in violation of the rules as a member might face legal consequences and may also result in the permanent exclusion of user from the forum.

users below the legal age are allowed to participate in the “beauty friends community” if their parents or legal guardian/s have explicitly given their consent to the participation in the “beauty friends community”. users below the age of 13 years are not allowed to participate at all. in case of users below the legal age cosnova assumes that their parents/legal guardian(s) have given their explicit consent to the participation.

rule 1: registration

registration is required in order to participate in the essence trend community.

to register user must enter a valid e-mail address. user must also come up with a user name and a password. user name should not include your real name either in whole or in part.

all other information in the registration form is voluntary.

cosnova does not pass on your e-mail address to third parties and will use it only if there are complaints or if cosnova needs to inform you of changes to these rules. cosnova will only send the newsletter to you if you have expressly agreed to receive it.

users may cancel their registration at any time after logging in under “change my data”. At the same time, cosnova reserves the right to revoke your registration at any time without stating reasons.

rule 2: user password

user’s password is secret! Users must not share it with anyone. users may change their password at any time under „change my data“.

rule 3: personal data

cosnova asks and expects from you while using the beauty friends community to not pass on any personal information about user or other people to third parties and/or any public forum that may be provided as part of the beauty friends community. this includes last names, addresses, telephone numbers, e-mail addresses and messenger data such as skype, icq numbers or msn addresses.

rule 4: behaviour in the essence trend community

cosnova expects users of the beauty friends community to behave politely and fairly towards other users. this includes: no insults, no name-calling and no threats. users should simply treat any other user in the way he/she would like to be treated him- or herself.

links to other websites are only allowed if the linked website complies with these rules. cosnova assumes no liability for the contents of external websites. if user discovers that links referring to websites that may contain offensive or illegal contents, cosnova is expecting to be informed by users at contact information.

the language that should be used in the beauty friends community is german. users who would like to post something in another language, should first send a pm to a moderator and then may do so after receiving cosnova’s consent in writing. via the country flags users can also easily access the forum of another country.

the essence beauty friends community is not a flirting site. users who want to meet someone whom they have met via chat or in the forum, should contact their parents and should not meet that person alone.

rule 5: copyright, rights of third parties

users should always consider that images and files on the internet are normally copyrighted or protected by other rights. before using them, e.g. for a user’s avatar, user must make sure that he/she has the right to do so. before posting photos, user must make sure that all people in the picture are in agreement.

violations of these rules

every user is personally fully responsible for all entries in the essence beauty friends community. cosnova only sporadically monitors the essence beauty friends community to make sure that the rules are being observed.

if users discover that someone is not abiding by the rules, cosnova is kindly asking any user to report these violations to a moderator immediately.

sexual harassment and other harassment of any kind will be reported to the police.

cosnova is free to decide against the dissemination of entries and to delete them from the essence beauty friends community.

cookies

the essence beauty-friends websites use cookies (small files that are stored on your computer). for more information about cookies, please refer to § 4.1 of the “General remarks on data protection: information on the collection, processing and use of your personal data”